(1) When Required. The court at any stage of a proceeding under the Uniform
Juvenile Court Act, N.D.C.C. ch. 27-20, on motion or on its own, must appoint a lay
guardian ad litem for a child who is a party to the proceeding if:

(A) the child has no parent, guardian, or custodian appearing on the child's behalf;

(B) the interests of a parent, guardian, or custodian conflict with the child's; or

(C) the interests of the child require appointment of a guardian.

(2) Ineligible Persons. The court may not appoint a party to the proceeding or that
party's employee or representative as a lay guardian ad litem.

(b) Qualifications. Before a person is eligible for service as a lay guardian ad litem,
the person must satisfy the following minimum qualifications:

(1) Possess written credentials establishing that the person has:

(A) a bachelor's degree, preferably in a human service, education or related field;
or

(B) an associate degree in an academic field related to child care, child development,
or children's services and at least three years of experience in the delivery or
supervision of child care or children's services, child development services, or in the
education of children.

(B) meeting with and observing the child in the home setting or placement;

(C) interviewing parents, siblings, caregivers, and other interested parties with
relevant information to the case.

(3) complete work in a professional manner by participating in meetings impacting
the life of a child, including attending all court proceedings related to the deprivation
matter, child-family team meetings, settlement negotiations, appropriate school
meetings, and other activities as may be directed by the court in the child's best
interest for pre or post adjudication matters.

(4) obtain releases of information as required and observe all statutes, rules and
regulations, regarding confidentiality. A lay guardian ad litem must not disclose or
participate in the disclosure of information to any person, except as necessary to
perform the guardian ad litem duties specifically provided by law.

(5) prepare a written report regarding the child's best interest, including conclusions
with specific recommendations as appropriate to the facts of the case -- psychological,
psychiatric, parenting and chemical dependency evaluations and/or services or
treatment deemed necessary -- this report must be submitted to the juvenile court as
directed by the court, and upon receipt copies must be provided to all parties by the
juvenile court.

(7) comply with all state laws regarding the reporting of child abuse and/or neglect.

(d) Rights and powers of a lay guardian ad litem.

(1) Court Proceedings. A lay guardian ad litem must attend all court proceedings
unless excused by the court and must testify when requested. Except as allowed under
Rule 5(d), a lay guardian ad litem may not call a witness, question a witness, file a
motion, or act as a legal advocate.

(2) Interim Report. A lay guardian ad litem may submit an interim report and
request a case status review. The interim report must be served on each party, who
may serve and file a response within ten days after service of the report. The court
may consider the interim report and any response without oral argument or
evidentiary hearing. If the court finds grounds for a case status review, the court must
set a hearing.

(e) Lay guardian ad litem review board.

(1) Membership. The lay guardian ad litem review board consists of seven members:
a chair appointed by the Chief Justice; one referee; one state's attorney; one parents'
counsel; one representative from social services, one representative from juvenile
court and one lay guardian. Board staff are one person from the guardian ad litem
program and one person from the Court Administrator's office.

(2) Terms. Board members are appointed by the Chief Justice for three-year terms
and may serve no more than three consecutive three-year terms. Of the members
initially appointed and as determined by lot at the first meeting, two will serve for one
year, two will serve for two years, and three will serve for three years. Subject to the
three term limit, each member is eligible for reappointment and serves until the
member's successor is appointed.

(3) Board Responsibilities. The board, through panels established under this rule,
must receive and review complaints concerning the performance and conduct of lay
guardians providing services under this rule.

(4) Complaints - Procedure for Review.

(A) All complaints must be submitted in writing to the chair of the board. The
complaint must include facts underlying the complaint, must specify the misconduct
that is the subject of the complaint, and must be signed by the complainant.

(B) Upon receipt of a written complaint, the chair of the board must determine if the
complaint is with regard to a pending case in which lay guardian ad litem services are
being provided. If the complaint involves lay guardian ad litem conduct in a pending
case, the chair must inform the complainant that the complaint may only be addressed
before the court that is hearing the pending case, either by seeking removal of the lay
guardian or by contesting the information or recommendation contained in the lay
guardian ad litem's report or testimony. In pending cases, review of the complaint
and communications with the complainant must be handled by the chair of the board
in a manner that assures the judge or referee presiding in the case remains uninformed
about the complaint. If the complaint concerns conduct unrelated to a pending case,
the following procedures apply:

(i) The chair of the board must review the complaint to determine whether the
allegations, if true, have merit. If the allegations are determined to be without merit,
the complaint will not be reviewed further and the chair must notify the complainant
of the disposition.

(ii) If the chair of the board determines the allegations in the complaint, if true, have
merit, the complaint must be referred to a three-member panel of the board appointed
by the chair. The panel must provide a copy of the complaint to the lay guardian and
request a written response from the lay guardian ad litem within 30 days of receipt
of the request. The request must identify specific issues in the complaint to which the
panel desires a response.The lay guardian ad litem must
provide a copy of the
response to the complainant. The panel may, as circumstances warrant,
requestthatthe complainant and the lay guardian ad litem meet with the panel to review
the
allegations in the complaint.

(4) Misconduct. In reviewing a complaint, the panel must consider whether the
allegations in the complaint indicate any of the following forms of misconduct:

(A) failure to fulfill responsibilities required under Rule 17(c);

(B) violation of the code of conduct for lay guardians,
which is included and
incorporated in Rule 17 as an appendix;

(C) misrepresentation of qualifications to serve as a lay guardian ad litem;

(D) violation of state or local laws or court rules; or

(E) taking or failing to take any other action that would reasonably place the
suitability of the person to serve as a lay guardian ad litem in question.

(5) Findings and Dispositions. In considering the complaint and the lay guardian ad
litem's written response, the panel must make findings regarding each of the specific
issues in the complaint to which the panel requested a response. The findings must
indicate that either there is no merit to the issue based on the lay guardian ad litem's
response or that there is merit to the issue. The panel must determine whether the
issues found to have merit indicate any form of misconduct identified under Rule
17(e)(4). The panel may take any of the following actions: issue a written reprimand,
refer the lay guardian ad litem to additional training, require that the lay guardian ad
litem be assigned a mentor for a specified period of time, or direct that the lay
guardian ad litem be removed from the roster. The panel must take into consideration
any prior complaints that resulted in the imposition of any of the identified actions.
The complainant and the lay guardian ad litem must be notified in writing of the
panel's disposition of the complaint.If the panel directs
removal from the roster, the
panel may specify the manner and time frame within which the person may apply for
placement at a later time on the roster.

(6) Confidentiality. A complaint and any associated records are confidential unless
the panel has determined under Rule 17(e)(5) that the complaint has merit.
Confidential records may be disclosed only in response to a court order.

(7) Time frames for Disposition. Complaints must be resolved within 25 days of
receipt of the complaint if the complaint involves a pending case. All other
complaints must be resolved within 120 days of receipt of the complaint. These time
frames may be extended by the chair of the board upon a finding by the chair that
good cause exists for an extension.

(f) Lay guardian ad litem training. The state court administrator must provide for
regular training programs to satisfy the qualification requirements under Rule
17(a)(2) and (3). The state court administrator must provide for the development and
maintenance of a lay guardian ad litem manual to serve as a resource for those
providing services under Rule 17 and as a basis for lay guardian ad litem training
programs.

EXPLANATORY NOTE

Rule 17 was adopted effective __________________.

Under N.D.C.C. § 50-25.1-08, appointment of a guardian ad litem is required
in every case involving an abused or neglected child that results in a judicial
proceeding.